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Mike Lux

Mike Lux

Posted: October 7, 2010 05:34 PM

When the notarization on foreclosures issue suddenly flared up over the last 24 hours, my heart sank. Just as regular homeowners were starting to get some legal traction to fight back against fraud and predatory lending by big banks, it seemed, some bank lobbyist had managed to sneak something through in the dead of night that would screw people over again. It was Washington at its worst: the bank lobbyists in control, and Congress asleep at the wheel.

But then, that most delightful and rare of Washington moments happened: the system worked. Consumer advocates started raising hell on the blogs and in traditional media, the White House started looking more closely at the issue, and literally within a matter of hours, Obama announced that he was not going to sign the bill. No long, painful, drawn out internal debate at 1600 Pennsylvania. No twisting round trying to split the middle on the issue. As soon as the issue was raised, the White House team focused on it, and made the right decision quickly. Elizabeth Warren, the new Assistant to the President and Treasury Secretary, weighed in. Pete Rouse, the new Chief of Staff, got engaged immediately. And the President made the right decision.

So what did we learn? First, that exposing sleazy dead-of-night deals cut by the special interests does sometimes work. And second, that having good people in key government roles really does matter. Obama might well have done the right thing without Warren and Rouse there, but it sure did happen quickly and easily with them around.

So, okay, I haven't lost it: I know that not all these decisions are going to go the right way as far as progressives and consumer advocates are concerned. But I think it is fair to ask ourselves what happens next and how the progressive community should respond to it.

I know the progressive community has a lot of folks who strongly dislike Obama, and won't change in that view. I know others who still strongly support him. (For myself, I have been in the middle- critical on quite a few things, supportive on others). But the tensions between Obama and many in the progressive community have been quite palpable for quite awhile now, on both sides. The question now is how progressives respond if Obama does start to move in a more progressive direction.

I know all the past sins people commenting on this post will recite (commenters, start your engines), but look at the past few weeks: the move toward more progressive and populist rhetoric on the campaign trail; the appointment of Warren; insisting on letting the Bush tax cuts for those making over $250,000 a year expire; the replacement of Rahm with Pete Rouse, who is thought by many inside the White House to be more sympathetic to progressive points of view than Rahm was. Based on what I am hearing, there will be more outreach to progressives over the next several weeks than there has been for a while.

So is it all nirvana? Is Obama turning into Bernie Sanders? Of course not. But if the Obama White House starts a concerted effort to reach out to progressives, and appoints some of them to key positions, and works with them constructively on more issues, does that change how the progressive community works with the White House?

I hope so. In the late '50s and early '60s, John and Bobby Kennedy did not start as avid civil rights advocates, and LBJ was cutting deals in the Senate for incredibly weak, watered-down civil rights bills. But the movement pushed them, and they responded by eventually moving left. Same with FDR and labor in the 1930s, and Lincoln and the abolitionists in the 1860s. Those movements had the flexibility and strategic sophistication to protest those Presidents when they needed protesting or work constructively with Presidents when they moved in the right direction- they didn't engage in a one size fits all tactic of protesting everything all the time. I hope the progressive community today has the strategic wisdom.

I don't know for sure what will happen next in the White House, or whether there will be more outreach and appointments and policy decisions us progressive activists cheer- it is way too early to tell. But progressives should be ready to move to meet the President halfway and work with him in the areas where he does move our direction, and we shouldn't always assume the worst. We should keep our healthy skepticism, push hard when we need to push, but be ready to engage when a door is opened to us to engage on.

 
 
 
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04:02 AM on 10/10/2010
Bank of America can also post a copy of the Arbitration Agreement if you loan has one on their website for easy access no class action necessary under the BOFA billing rights act if you have one gives them a right to correct their errors if any found
03:59 AM on 10/10/2010
Bank of America loan are from 35-50 pages on a HELOC sometimes called a second which may have a 2/28, 3/27, with or without libor arm, fixed 10,15,20,25,30 fixed but the interest rates on the fixed could be a little high it would not hurt to ask for a lower rate even if you dont get it, The Conventional,Single 4 family and any riders if applicable keeping in mine you can request if you are offered another rate to waiver any prepayment penalaties if they exist do to inhouse loans it does not hurt to ask. If these loans are FHA or maybe even Fannie Mae the will have to get with them as well its not bad this is good for them to even do an audit as customers of Bank of America the asurance that they checked for errors is remarkable, This may be jobs
03:46 AM on 10/10/2010
Those who are making timely payments are to continue to pay. But Bank of America may be able to work out a deal with the Federal Reserve to rewrite some of these loans as forgiveness loans leaving the borrower and the lender minimum charges. All loans will not qualify for either but its worth everyone who has a Bank of America loan to look at their options and request better ones even if you dont get them.
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Grant Muioc
03:44 AM on 10/10/2010
Nice logic: Obama saved peoples homes because they couldn't afford to pay for them...by not fixing the economy so these people are still out of a job.

Interesting. He blew his political capital on healthcare instead of bills to push the economy. Then kills his own healthcare bill by granting waivers to 30 companies.

He spent almost a trillion on stimulus and promised that joblessness would not surpass 8 percent and we are between 9.5 and 10 percent...

And you want to ask what's next? How about impeachment?

At any of our jobs we would be fired for these actions.
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nubret2008
07:39 AM on 10/10/2010
You are right. It's time the guys from Halliburton take over the government again. If we can't get all progressive subjects realized by now, it's better that at least he richest 1% of the country have a benefit again.
03:39 AM on 10/10/2010
First they have to do some queries to see what red flags come up for one the other thing they are looking for is to see who is behind,who was in foreclosure and if that forclosure was properly enforced if it was they will contact the borrower to see what options are within reason for the borrower and the lender. Before all of this is done they must send a letter to the shareholders and tell them what they are doing and the shareholders and investors should want to see if they made any mistakes, Just the mere though of a Bank this large doing this amazes me. Coming right not shows efforts of the people of American williness to assist but no one can be assisted until they locate any problems if the even have any. Thank you Bank of America .
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Anthea Carson
01:41 AM on 10/10/2010
ah the whining left... I'm so sick of them
almost want Palin to win in 2012
12:22 AM on 10/10/2010
It's not over. NPR is saying that the decision not to sign the bill is an act of indecision that will make it hard for those poor sweet beleaguered banks to process the tremendous backlog of foreclosures! That is going to be the new corporate/right-weeng/Republican mantra for the next few weeks.
Look for another cave by POTUS in the near future.
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ferob
04:12 AM on 10/10/2010
You have a problem giving credit where credit is do. It must be miserable being you.
09:19 PM on 10/09/2010
This bill was not a sleazy thing that was passed in the dead of night. It was something that lawyers engaged in national commerce matters have wanted for a very long time: standardization of notarial rules ao that notarizations in one state will be recognized in another. Notarizations by military officers already are, by law. It appears to me that the pocket veto was the worst kind of political tomfoolery, all sound and fury, signifying nothing.
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02:57 AM on 10/10/2010
fanned
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USNDC
Smartest President ever ? ... not even close.
10:43 AM on 10/09/2010
BAY OF PIGS !

H.R. 3808 is Obama's "Bay of Pigs"

The Democratically controlled House & Senate have been abandoned on the beach ... and their intentions exposed ... forcing Obama to distance himself from the mission !

Why did the Democratic Leadership "press to have this bill rushed through the special procedure ... without any debate ... and no record of votes cast?"

The Democratic Leadership needs to explain this blatant display of political corruption.

Busted !
09:29 PM on 10/08/2010
Short Sales are Artificially Increasing Supply (lowers prices) with no offsetting increase in demand (further lowering prices)

Why? Most short sellers DO NOT want to sell their home they want to stay (if the payments were affordable) thus they are not looking for a new home absent being forced to sell short. Under Fannie and Freddie rules when they do sell short they are FORBIDDEN from BUYING for 2-5 years. Thus in Florida alone perhaps 500,000 to 1 million homes are artificially on the market and that same 500,000 to 1 million buyers are NOT in the market

The solution: Fannie and Freddie fund the transaction costs of converting short sales into debt-for-equity swaps (please see http://fixhousing.blogspot.com which explains how).

What happens: The existing loan is converted to three pieces: a loan for 80% of current value (which will be current since the homeowner will pay) on the same terms as the original loan, a zero-interest loan for 20% of current value (essentially the current equity above the 80% loan), a PARTICIPATION interest in future appreciation

Immediate benefits: perhaps 2,000,000 homes exit the marketplace, and on those homes the mortgages will become liquid and performing in 13 months which helps the banks which wrote the loans

This is a BUSINESS solution to a business problem which has been corrupted by politics.
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12:02 AM on 10/10/2010
How would you asses current value? I am currently looking at homes to buy and most of the comparable pricing is based off of shortsale homes as they are the only ones selling.
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Shaun Hensley
The American Experiment has failed
07:09 AM on 10/10/2010
The idea is to lock in current value. I remain unconvinced that RE isn't still WAY overvalued.

We ain't seen nothing yet.
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ferob
04:15 AM on 10/10/2010
Thanks for the explanation.
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indiecratublican
I am what I am.
03:17 PM on 10/08/2010
Obama seems to be a victim of the Congress. He gets blamed for the compromise and watering down of bills that are a result of the Congress. The GOP are hostile and aren't willing to work with or support him.

Plus, he has been expected to magically fix the economy in 18 mos. while Bush had 8 long years to ruin it thanks to deregulation allowed by congress, and which is threatened to continue if Republicans take Congress.

I'm just going to highlight some of what Obama has to do, taken from another article, which juxtaposes Obama's tasks as president with LBJ and FDR.

"First, Obama was tasked with rescuing the economy, overseeing two costly wars, improving a deteriorating job market, addressing a crushing debt, and fixing health care, energy policy, immigration, a housing crisis, a collapsing U.S. auto industry, the Gitmo mess, and America's reputation around the world.

Second, Obama is expected to do all of this without Republican support on anything. The GOP simply pretended that its spectacular failures didn't discredit the party.

And third, Obama, for the first time in American history, is told that every one of his proposals has to get 60 votes in the Senate to proceed"

http://www.washingtonmonthly.com/archives/individual/2009_12/021610.php

And when he's saving our asses from bills like this that just glide through Congress...He deserves more respect and he deserves the help of a friendly Congress to get things done.

So GO VOTE!
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Tim303
01:48 AM on 10/10/2010
fanned
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ferob
04:20 AM on 10/10/2010
Indie, F/F Short and to the point. It's a shame people just can't give the credit he's due.
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02:54 PM on 10/08/2010
Get real, this is all about the mid-term elections and getting votes. As soon as the elections are over and say the Dems manage to hold their majorities in both Houses of Congress, it will be back to business as usual: Bank of America and all the other corrupt financial institutions will remove the freeze on foreclosures and start throwing people into the streets again. And Congress will go right along with it using their favorite phrase, "We're investigating the situation and putting new regulations and commissions in place to make sure this never happens again." Meanwhile, the middle class keeps bearing the highest price for our government's incestuous relationship with all the big lenders who get insider info and big fat paychecks from the Federal Reserve. It never ceases to amaze me how people buy these campaign tactics over and over and over again!
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pa104inf
10:01 PM on 10/08/2010
Does that relationship also include Freddie Mac and Fannie Mae?
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04:18 AM on 10/09/2010
They're all mixed up in this web of corruption. That's pretty clear and has been for some time.
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funkalicious
02:19 PM on 10/10/2010
Yes the corruption and rot at Freddie and Fannie is a horror show. They are stuck with bad loans out the wazoo. The problem isnt so much the foreclosure process it is what happened years ago when these mortgages were written then diced and sliced into CDO's and sold off to pension funds. the paper trail is shredded. and the bag holders pension funds, sovereign wealth funds etc.. are realizing the investments are worth ZERO. The FED bought 1.7 trillion worth of this worthless paper so now they are busy devaluing the dollar by printing money. The law suits are flying and the fraud goes to the highest levels of Bnaking government and to the lowest levels of fraudulent borrowers who were complicit misstating their earnings and over leveraging with credit cards and HELOCs to spend on too much junk.
the point is we are in for a lot of pain to cleanse the credit market and get back on solid ground and a path to sustainable money growth via a healthy credit market. As the FED tries to inflate away the bad debts average Americans will see their standard of living deflate.
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GaryA
Business Insider Contributor
01:05 PM on 10/08/2010
Ok, not only should the notaries be prosecuted, but they should squeal and the banksters should then be prosecuted on a pattern of fraud. That is Rico. It is time for Rico charges against the banksters. It is time to also take over these big banks or forbid them from ever doing business in the US ever again.
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ran6110
Mac, iPhone & iPad developer.
12:50 PM on 10/08/2010
When the bankers finally get control do you think they'll want a group of people running things that can be bought so cheap and easily?

Once we are out of the way the members of Congress that sold us out will be right behind us!
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ran6110
Mac, iPhone & iPad developer.
12:47 PM on 10/08/2010
"It was Washington at its worst: the bank lobbyists in control, and Congress asleep at the wheel."

Sorry no, Congress wasn't asleep at the wheel they were lined up at the trough. There is no valid reason that to have an un-recorded voice vote with no debate...